Patna High Court
Birendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Birendra Mukhiya, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging that 110 litres of liquor were recovered from a river bank and not from his possession. He has thirteen prior excise cases and claims the police implicated him mechanically based on a hostile watchman's information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 65,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than thirteen prior cases, the bail will not be confirmed; if exactly thirteen, the provisional order will be confirmed. The order is made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act read with the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of thirteen excise cases disqualifies him from anticipatory bail.
- Whether the recovery of liquor from a public river bank constitutes possession for the purpose of the offences.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32377 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- DARPA District- East Champaran
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Birendra Mukhiya Son of Shankar Mukhiya Resident of Village- Rampur
Siswaniya, Barka Tola, P.S.- Darpa, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274 and
275 of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of thirteen cases under the Excise Act
and allegation is of recovery of 110 liters of liquor from bank of
a river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.32377 of 2026(2) dt.13-05-2026
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and is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
65000/- (Rupees Sixty Five Thousand) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
Darpa P.S. Case No. 319 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.32377 of 2026(2) dt.13-05-2026
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than 13 cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of 13
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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